White and Andrews (No 2)

Case

[2013] FamCA 677

19 July 2013


Details
AGLC Case Decision Date
White and Andrews (No 2) [2013] FamCA 677 [2013] FamCA 677 19 July 2013

CaseChat Overview and Summary

In *White and Andrews (No 2)*, the Family Court of Australia, presided over by Cronin J, considered an application by the respondent father, Mr. Andrews, for an adjournment. The dispute concerned the welfare of a child, C, born in 1999, and the father's potential actions regarding her international travel.

The primary legal issue before the Court was whether to grant the respondent father's application for an adjournment. Ancillary to this, the Court was required to determine whether to grant injunctive relief to restrain the father from removing the child from the Commonwealth of Australia, and to place the child's name on an Airport Watch List. The Court also considered the father's response filed on 19 January 2013 and other outstanding applications.

Cronin J refused the respondent father's application for an adjournment, finding it to be without merit. The Court then made orders restraining the father, by himself, his servants or agents, from removing the child C from the Commonwealth of Australia. The Australian Federal Police were directed to place the child's name on the Airport Watch List until further order, with the specific intention that the child would not be restricted from international travel except in the presence of the respondent father. The father's response filed on 19 January 2013 and all other outstanding applications were dismissed. Furthermore, Cronin J directed that the reasons for the decision be transcribed and brought to the attention of the Legal Services Commissioner (Victoria) concerning the conduct of solicitor Michael Reid.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Stay of Proceedings

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